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HomeMy WebLinkAbout05-12-2021 - Order of Dismissal -- Untimely -- Snyder Order of Dismissal PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 THE HEARING EXAMINER OF THE CITY OF RENTON IN RE: Frank Snyder Finding of Violation Appeal Code No. 19-000584 ORDER DENYING MOTION TO DISMISS Summary Mr. Snyder filed his appeal on time. RMC 1-3-2E2b requires an appeal to be filed within 15 days of issuance of a Finding of Violation. Finding of Violation is deemed issued three days after mailing. The FOV under appeal was mailed on March 15, 2021. Therefore, filing deadline for this appeal was April 2, 2021. Mr. Snyder mailed his appeal on April 2, 2021. Evidence Relied Upon 1. Email string from Cynthia Moya to Phil Olbrechts dated April 5, 2021 2. Email string from Phil Olbrechts to Frank Snyder dated April 12, 2021 3. Email from Frank Snyder to Phil Olbrechts dated April 14, 2021 4. Email from Phil Olbrechts to Frank Snyder and Donna Locher dated April 28, 2021 5. Email from Donna Locher dated April 28, 2021 6. Email from Frank Snyder dated April 29, 2021 Order of Dismissal PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Findings of Fact 1. Mr. Snyder was mailed a Finding of Violation Second Notice (FOV) on March 15, 2021. See Ex. 4 attachments (FOV and Certified Mail Receipt). 2. Mr. Snyder filed his appeal on April 2, 2021 (See Ex. 3 attachment). Ms. Locher wrote in an email that the appeal was received by the City on April 4, 2021. See Ex. 1. Conclusions of Law 1. Renton Municipal Code (“RMC”) Section 1-3-2E2b requires an appellant to file and serve an appeal of a finding of violation “within fifteen (15) days of the date of the Finding of Violation” and RMC 1-3-2E2a requires the filing of the appeal within 15 days of the date of “issuance” of the Finding of Valuation, and Construing the “issuance” date from RMC 1-3-2E2b as three days after mailing as set by Superior Court Civil Rule 6e for deadlines based upon mailed documents, the filing deadline for the Finding of Violation mailed on March 15, 2021 was April 2, 2021. The signature date on Mr. Snyder’s appeal was April 2, 2021. The City did not identify the postmark for Mr. Snyder’s appeal. Given that the City received the appeal on April 4, 2021, it is reasonable to find that Mr. Snyder mailed his appeal the date he signed it, April 2, 2021. Since Mr. Snyder mailed his appeal by the April 2, 2021 deadline, his appeal was timely. Arguably, the Civil Rule 6e three day mailing deadline could be applied to Mr. Snyder as well, requiring him to mail his appeal three days in advance of the April 2, 2021 deadline. However, given the general public understanding that postmarks are sufficient to meet deadlines and the lack of clarity on this issue in the municipal code, the deadline is interpreted in favor of the public. Order Mr. Snyder’s appeal was timely. The City Clerk should schedule an appeal hearing date. ORDERED this 12th day of May 2021. Order of Dismissal PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 City of Renton Hearing Examiner Appeal Right The decision to dismiss the July 29, 2019 appeal is appealable to superior court within 21 days as governed by the Washington State Land Use Petition Act, Chapter 36.70C RCW.